CRIMINAL PROSECUTION IN FOUR JURISDICTIONS - DEPARTURES FROM ROUTINE PROCESSING IN THE CAREER CRIMINAL PROGRAM

• NCJ Number: 55570
• Author(s): J S DAHMANN; J S LACY
• Date Published: 1977
• Length: 176 pages
• Contract Number(s): 76-NI-99-0092
• Sponsoring Agency: US Dept of Justice
• Corporate Author: Mitre Corporation
• Sale Source: National Institute of Justice/
• Language: English
• Country: United States of America

Annotation

FOUR JURISDICTIONS IN LOUISIANA, CALIFORNIA, OHIO, AND MICHIGAN WERE VISITED TO ANALYZE LEAA'S CAREER CRIMINAL PROGRAM IN TERMS OF THE CRIMINAL JUSTICE PROCESS FROM ARREST TO SENTENCING AND DEPARTURES FROM THIS PROCESS.

Abstract

THE CAREER CRIMINAL PROGRAM IS BASED ON THE IDEA THAT THE ROUTINE CRIMINAL JUSTICE PROCESS, IN DAILY OPERATIONS, DOES NOT ADEQUATELY ACHIEVE ITS PURPOSES IN THE CASE OF MANY REPEAT OFFENDERS. IT IS DESIGNED TO ASSIST LOCAL PROSECUTORS IN TARGETING RESOURCES ON SERIOUS REPEAT OFFENDERS. INFORMATION DERIVED FROM THE OPERATION OF THE CRIMINAL JUSTICE PROCESS IN NEW ORLEANS, LA., SAN DIEGO, CALIF., FRANKLIN COUNTY, OHIO, AND KALAMAZOO COUNTY, MICH., AND ON THE MANAGEMENT OF CRIMINAL PROSECUTIONS BY THESE JURISDICTIONS SHOWS THAT: (1) THE STRUCTURE OF THE CRIMINAL JUSTICE PROCESS IS NOTABLY DIFFERENT FROM PLACE TO PLACE, WITH VARYING BUT PREDICTABLE CONSEQUENCES FOR CRIMINAL PROSECUTION; (2) BASIC COMPONENTS OF CRIMINAL ADJUDICATION (LAW ENFORCEMENT, COURTS, PROSECUTION, DEFENSE OF INDIGENTS, AND CORRECTIONS) AND PROCEDURAL INGREDIENTS IN FORMAL ADJUDICATIVE TRANSACTIONS (INITIAL APPEARANCE OF THE ACCUSED BEFORE A MAGISTRATE, PRELIMINARY EXAMINATION, ARRAIGNMENT ON A FELONY ACCUSATION, DETERMINATION OF PRETRIAL MOTIONS, TRIAL, AND SENTENCING) SOMETIMES ARE IMPLEMENTED QUITE DIFFERENTLY; (3) WAYS IN WHICH THE COURT PROCESS IS ADMINISTERED INFLUENCE WAYS IN WHICH PROSECUTION IS MANAGED; (4) THE CRIMINAL JUSTICE PROCESS IS AS MUCH AN ADMINISTRATIVE MATTER AS IT IS A JUDICIAL ENTERPRISE; (5) REQUIRED TIMELINESS OF ADJUDICATIVE EVENTS DIFFERS AMONG THE FOUR JURISDICTIONS; AND (6) PROSECUTION OFFICES IN THE FOUR JURISDICTIONS VARY IN TERMS OF DUTIES, THE PROPORTION OF PERSONNEL DEDICATED TO CRIMINAL PROSECUTION, AGE AND EXPERIENCE LEVELS OF DEPUTIES, METHODS OF CASE ASSIGNMENT, ORGANIZATION OF FUNCTIONS, AND CONTROLS ON DISCRETION. THE SPECIAL PROSECUTORIAL TREATMENT OF TARGET CASES IS DISCUSSED. SUPPORTING FIGURES AND TABLES ARE INCLUDED, ALONG WITH AN EXECUTIVE SUMMARY. FOR RELATED DOCUMENTS, SEE NCJ 55447-55450, 55569, 55571. (DEP)